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Is it possible to make a bailiff to buy and sell real estate without a Red Book?

15/06/2022


Article 37 of Decree 08/2020/ND-CP stipulates the following cases that cannot make a bailiff:

    “…

    4. To certify contents and signatures in contracts and transactions as prescribed by law within the scope of notarization and authentication activities; certify the accuracy, lawfulness, and not contrary to social ethics of the translation of papers and documents from Vietnamese into foreign languages ​​or from foreign languages ​​into Vietnamese; confirm the signature, the copy is true to the original.

    5. Recording events and acts to transfer the right to use and own land or property without papers proving the right to use or ownership as prescribed by law.”

Furthermore, according to Point a, Clause 3, Article 167 of the 2013 Land Law, “Contracts on transfer, donation, mortgage, and capital contribution with land use rights, land use rights and land-attached assets must be notarized or authentication, except for real estate business”.

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- The land law stipulates that the real estate transfer contract must be notarized or authenticated and the transfer document must have a notarized or authenticated transfer contract.

- The bailiff is not to replace notarized documents or authenticated documents, but only records real events and acts at the request of agencies, organizations and individuals.

Thus, based on the 2013 Land Law and Decree 08/2020/ND-CP, the transfer of real estate by means of a license will not be transferred because: